Kuuka Limited

DIGITAL PRODUCTS TERMS AND CONDITIONS

Welcome to Kuuka. Before you start enjoying our services we have to set out the rules which will govern Kuuka’s relationship with you. We have done our best to make them as easy to understand as possible, however, if you have any questions at all, feel free to contact us at contact@kuuka.co.uk.

WHO WE ARE

We are Kuuka Limited, trading as Kuuka, a company incorporated and registered in England and Wales with company number 10563598 (referred to as Kuuka, we, our and us). We can be reached at 14 Raymond Close, Sydenham, London, SE26 6DW.

Kuuka is a one-stop last-mile solution for all types of courier and delivery needs. Our services are versatile and customisable to cater to varying needs from delivering parcels and packages to home and office removals, as well as to deliver heavy goods on demand.

OUR TERMS

In these terms and conditions (together with the documents referred to in them), referred to as the Terms, we’ll refer to our Website, and our App, and together we’ll refer to them as our Digital Products.

When we talk about our Website, we refer to all our sites located at or accessible through www.kuuka.co.uk; which includes our owned sites, such as our customer service portal but does not include links to third-party sites, such as the sites of our partners.

When we talk about our App, we refer to our mobile and/or web application, which may be accessed directly through your web browser on a computer or mobile device either as a responsive website or a progressive web application, or downloaded as a native application from third-party platforms, including the Apple App Store and Google Play Store (each, a Third Party Platform). (Please note: We have not yet launched our native application on any Third Party Platforms but are working hard towards this. You will receive an update when we launch there).

These Terms govern your relationship with us when you access our Digital Products, so please make sure to read them carefully before you start accessing the Digital Products. Once you start using our Digital Products, you are taken to have understood and accepted these Terms. We don’t expect you to memorise these Terms but they will form a binding agreement between you and us so if you have any questions, please let us know.

At Kuuka, you are either a person or organisation looking to book a home/office removal or a delivery driver for on-demand courier service (the Customer) or you are a driver or an organisation looking to offer your removal or delivery services (the Driver). If we are talking about Customers and Drivers together, we will refer to you collectively in these Terms as Users. We refer to any service booked through our Digital Products as a Job.

We have split these Terms into two parts: (1) Digital Products Terms, and (2) Pick Up and Delivery Rules. Both parts form equal and binding parts of these Terms and each is incorporated by reference in the other.

Part 1 – Digital Products Terms

OTHER APPLICABLE TERMS

These Terms also include our Privacy Policy. You should read the Privacy Policy as it sets out the terms on which we process (collect, use, share, etc.) any personal data we collect from you or that you provide to us and how we will communicate with you via the Digital Products.

CHANGES TO THESE TERMS

We may, from time to time, amend these Terms to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the services and experiences we can offer to you via our Digital Products. If we make significant changes to these Terms or to the services within the Digital Products, we will let you know what these significant changes are and you may contact us at contact@kuuka.co.uk if you have queries regarding these significant changes.

We don't expect you to check these Terms every time you use our Digital Products but equally, we don't want to bombard you with every little update. We just ask that you check this page from time to time to take notice of any changes we have made. This is important because, by continuing to use any of the Digital Products after changes are made, you are accepting those changes and will be bound by them.

THE DIGITAL PRODUCTS

Our Digital Products are structured to enable you to move seamlessly between the Website and the App, allowing you to access our Digital Products via any compatible device of your choosing. For the purposes of these Terms, we have outlined the options available on both aspects of the Digital Products, but you are welcome to use the Website and/or App for the purposes you require within the parameters of these Terms.

THE WEBSITE

This section tells you what the Website does.

We offer the Website mainly in order to:

  • Welcome you to Kuuka and tell you about our offering.
  • Provide a platform for Users to access the App Functions (as defined below)
  • Provide a platform for customer support
  • Link you to our social media channels, such as on Facebook, Twitter and Instagram
  • Provide you with a platform to refer us to other people.
  • To give you access to our legal and data protection policies.

Please refer to our Privacy Policy for more information on how we process your personal data.

The list above is not necessarily a complete list of the functions of the Website and we may decide to offer additional Website functions, or stop providing any Website functions, at any time.

THE APP

This section tells you what the App does.

We offer various functions via the App (the App Functions), including those which allow you to:

  • Create a personal account on the App.
  • View and engage with Content (which means any audio, video, text, images, trademarks, logos or other content which may be made available to you by us and may sometimes include content which is owned or controlled by third parties which we are permitted to make available to you).
  • If you are a Customer, make a booking for Job with a Driver.
  • If you are a Driver, accept Job bookings or liaise with Customers to confirm Job booking details.
  • For Users to interact and transact with one another in respect of Jobs and to facilitate payments in connection with those transactions.
  • If you are a Customer, to leave reviews/recommendations on Drivers’ profiles and view any other such reviews made by other Customers, and if you are a Driver, to leave reviews/comments on Customers’ profiles and view any other such reviews made by other Drivers.
  • For all Users, interact with us relating to the progress and status of any given Job.
  • Participate in any promotions we hold, whether these are for all Users or specifically for Drivers or Customers.
  • Receive notifications via push, emails, SMS and in-app. These messages may include information about your account, our content, the community, events and general product information. You can control your preferences from your settings.

The list above is not necessarily a complete list of the App Functions, and we may decide to offer additional or remove some current App Functions, at any time.

In addition to these Terms, your use of the App may be subject to any terms and conditions of the relevant Third Party Digital Products from which you download it (Third Party Platform). We have no knowledge of or control over any Third Party Platform Terms and you accept the Third Party Digital Products Terms at your own discretion.

CHECKING AND VETTING OUR USERS

In order to ensure that Drivers are suitable to provide removal and delivery services to our Customers, Drivers will be subject to a vetting process before they can register for use of the Digital Products. We, or third parties we contract to do so on our behalf, may conduct the following types of on-boarding checks (On-Boarding Checks):

  • Identity Checks, which may consist of personal identity verification procedures, right to work checks and criminal background checks.
  • Driver Eligibility Checks, which may consist of verifications of your driving licence (including the applicable class of vehicle), vehicle registration, vehicle ownership, insurance verification and any other details we deem may be appropriate in the circumstances and in the best interests of our Customers.
  • Corporate User Checks, where a User is a registered company or other organisation (i.e. not an individual person), which may consist of reviewing that User’s company registration documents, financial accounts, and verifying User’s power, authority and ability to enter into these Terms, and any other information which we may reasonably require.
  • Discretionary Checks, where we detect suspicious behaviour on our Digital Products, we may take necessary measures to investigate and take action as we deem appropriate (such as suspending or deleting User accounts).

We retain full and sole discretion at all times as to whether any User is accepted on to or permitted to remain on our Digital Products or not. You agree that you will have no claim or action against us, if we choose not to accept you as a Driver on the Digital Products, or as a Customer, whether as a result of any of the Vetting Procedures or otherwise. We cannot always provide reasons for not accepting Drivers or Customers, although we will make efforts to do so where we feel it would be fair or appropriate.

On-Boarding Checks may be carried out by Kuuka or by any third-party services as we deem appropriate. Users agree that the On-Boarding Checks are an appropriate and proportionate mechanism to verify Users for the purposes of checking suitability and keeping our Users safe, to the extent that we can do within our reasonable control.

Where we conduct On-Boarding Checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such On-Boarding Checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

OUR ROLE IN JOB BOOKINGS

Our Digital Products exist to connect Customers with Drivers. Once a connection between Users is made and a booking process is initiated, our involvement is limited to our obligations as set out in these Terms and anything beyond these obligations is beyond our reasonable control. As such, we cannot be held responsible for the actions or omissions of Customers or Drivers outside of the Digital Products. When a Customer makes a booking with a Driver, both parties acknowledge that they form a contract between them which Kuuka is not a party to. Kuuka is an intermediary in that arrangement, but cannot guarantee the performance of either party for their respective obligations under it. Kuuka holds no liability to Users beyond what is stated in these Terms to the extent permitted by law, in particular where caused by Kuuka’s own negligence.

Procedures for complaints and refunds are clearly set out in these Terms or stated clearly on our Digital Products. If Users wish to make claims of any nature or any form of claim beyond the remit of the Kuuka complaints system, then any such claim must be made off the Digital Products with the relevant, competent authorities.

For example, if a User takes issue with the behaviour or actions of another User on a Job, then the User is entitled to make a truthful and appropriate review of that User through our App, and to use our complaints’ procedure to contact us regarding that User. However, the action that we can take and be responsible for as a result, is limited to what we are able to do within our App – such as facilitating refunds, removing accounts or issuing warnings. Any criminal or insurance or civil law claim (e.g. for damage) must be taken against the other party to that contract directly, and if deemed appropriate, reported to the relevant authorities.

REGISTRATION

To use the Digital Products, you will have to sign up to create an account. You can do this by signing in using one of the provided social media log-ins or by providing your full name; email and/or mobile phone number; and date of birth. We require your date of birth to confirm that you are legally able to use our service – you must be 18 years old or older to register as a User. If you wish to be a Driver, at this stage you will also be required to provide us with the information required to pass our On-Boarding Checks in accordance with these Terms and our Privacy Policy. Your registration as a Driver is conditional on successfully passing the On-Boarding Checks.

A Users’ email address or phone number is used to sign onto our Website and/or App, but you can change your personal details at any time via. Your account settings. By signing up with us, you agree to any applicable terms of the service, including these Terms. Please note that we reserve the right to temporarily suspend you from the Digital Products if we believe it is appropriate or necessary in the interests of our other Users (for example, if we establish that it is inaccurate or false, it infringes someone’s intellectual property, or contains anything inappropriate, offensive or abusive).

All Users must provide truthful and accurate information when registering with us – this helps us provide you with the best service. Any incorrect or untruthful information provided by Users (including with respect to Content) may void future bookings and any refunds which may have otherwise been due.

Users are responsible for looking after the security of their account information. This means that you are responsible for all activities that happen on your account and for any access to or use of the Digital Products by you or any person using your account even if that access or use has not been authorised by you.

Please immediately notify us of any unauthorised use of your account or any other breach of security relating to the Digital Products. We are not responsible for any loss or damage caused by the disclosure of your account details to someone else.

You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time to time to notify us of any changes.

PAYMENT AND BOOKINGS

PAYMENT

This section describes how fees are payable for use of the Digital Products. Our fees (which unless otherwise stated, are inclusive of applicable sales taxes) are outlined clearly on the Digital Products and the total cost will be made clear to you prior to confirming a booking.

Once a Customer has made a booking, the Customer must pay for the Driver booking either: (i) in full at the time of the booking; or (ii) in two instalments. If paying in instalments per option (ii) 50% of the total cost of the job must be made at the time of booking and the remaining 50% of the total cost will be deducted automatically from the credit card, or any other payment method you provide to us, within one working day of the completion of the Job. Actual proportion of instalments may vary, and if so, this will be clearly indicated at the time of booking.

Customers are required to pay a booking fee to Kuuka for each booking. The amount of such fee will be made clear to the Customer at the time of booking. This fee is non-refundable.

All payments will be made via a third-party payment collection agent (e.g. PayPal or StripeConnect) accessible via the Digital Products (the Payment Service). You may use all major debit and credit cards, Apple Pay and Google Pay wallet payments and PayPal on the Payment Service.

You agree that all payments made on the Digital Products will be made via the Payment Service. Offline, cash or any other payments made not using the Payment Service are strictly prohibited and may result in your removal from Kuuka.

All payments made will be held in escrow by a third-party provider until successful completion of the Job.

After completion of a Job, the Customer has 12 hours to inform Kuuka of any problems with the booking. If 12 hours pass and no problem or complaint is reported, full payment will be transferred to the Driver within one working day of the completion of the relevant event (net of any fees and/or commission due to Kuuka).

Please note that Users must be legally authorised to make payments with your selected payment method. Where you believe an unauthorised payment has been made, please immediately contact your bank or other relevant authority and report this (although we cannot guarantee that your bank or other relevant authority will investigate). We will not deal with reports of unauthorised payments directly.

In case a Customer informs Kuuka that there were any problems with the booking, then Kuuka will, at its sole discretion, determine how to proceed and how to manage payments or refunds based on the information it has available to it. Where Customers have complaints, they will be required to demonstrate why they are making a complaint and where possible, show some evidence that the complaint is valid.

NON-CIRCUMVENTION

Users agree that they will act at all times in good faith towards Kuuka, and not attempt to circumvent Kuuka at any point during the Job bookings process. Users agree that where a Customer and Driver are connected via the Digital Products, that they will complete any subsequent Job bookings on the Digital Products. If Kuuka becomes aware of any attempts by a Driver or a Customer to take a booking ‘offline’ so as to avoid any fees payable to Kuuka, then we reserve the right at all times to: (1) suspend or delete a User’s account; (2) make note of the User’s actions on the User’s profile on the Digital Products in a manner we deem appropriate, (3) invoice for any fees and/or commissions as if the booking had been completed on the Digital Products, and/or (4) take any other action as we deem appropriate in the circumstances.

PROMOTIONAL CODES

We may, from time to time, provide certain promotional codes to Users, for example, as one-off promotions or as part of a loyalty programme. You agree that you will use promotional codes only in accordance with these Terms, or any additional terms we put in place for the relevant promotional codes.

Kuuka reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a promotional code by you or any other User if we believe that the use or redemption of a promotional code was in error, fraudulent, illegal, or in violation of the terms of the promotional code or of these Terms.

PLATFORM AND USER CONTENT LICENCE RESTRICTIONS

This section tells you what you're not allowed to do on the Digital Products.

  • Except as expressly allowed in these Terms, you may not:
  • copy all or any aspect of the Digital Products or User Content (defined below);
  • transfer all or any aspect of the Digital Products or User Content to anyone else, except where we make possible and encourage sharing;
  • sub-licence or otherwise make the Digital Products or User Content available in whole or in part (and whether in object or source code form) to any person;
  • make any alterations to, or modifications of, the Digital Products or User Content; or
  • disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Digital Products or User Content or attempt to do so,

(together the Digital Products and User Content Licence Restrictions).

ACCEPTABLE USE RESTRICTIONS

You may use the Digital Products only for lawful purposes and those outlined in these Terms. In particular, but without limitation, you agree not to:

  • use the Digital Products in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • use, share, or otherwise exploit the Digital Products any commercial, business, or monetised purpose whatsoever other than those purposes outlined in these Terms;
  • reproduce, duplicate, copy, share, or re-sell any part of the Digital Products in contravention of these Terms;
  • use the Digital Products in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
  • use the Digital Products in a way which we deem to be inappropriate or abusive or which could cause offence or distress in any way to any User, Kuuka staff-member or other person associated with our service;
  • transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Digital Products; or
  • access without authority, interfere with, damage or disrupt (a) any part of the Website or the App; (b) any equipment or network on which the Website is stored; (c) any software used in the provision of the Website or the App; or (d) any equipment, network or software owned or used by any third party

(together the Acceptable Use Restrictions).

In addition, if you are a Driver, you agree to use the Digital Products in a way that will maintain trust between Drivers and Customers by complying with certain obligations, which include, but are not limited to:

  • observing any Kuuka Code of Conduct in place from time to time as linked to through our Digital Products (which will apply at all times when using the Digital Products and performing at events);
  • responding to booked requests within 24 hours of receipt of the request, unless there is a genuine and legitimate reason for not doing so;
  • using all reasonable efforts to avoid cancellations, unless there is a genuine and legitimate reason for doing so (and in which case, you will be required to provide an explanation);
  • maintaining an overall high and consistent standard of performance such that would be expected by Customers

(together the Driver Expectation Guidelines).

Customers will also be obliged to observe our Code of Conduct at all times.

TERMINATION OF YOUR RIGHTS

We may end or suspend your rights under these Terms immediately and without notice if:

  • you have breached any of the Digital Products and User Content Licence Restrictions, Acceptable Use Restrictions and/or Driver Expectation Guidelines;
  • we believe that your use of the Website or the App or continued use of the Digital Products is unsuitable or inappropriate in any way at our sole discretion; or
  • you are otherwise in breach of these Terms.

If we end your rights under these Terms:

  • you must immediately stop all activities authorised by these Terms, including your access to and use of any or all of the Digital Products;
  • if we ask you to, you must immediately delete or remove the App from all devices then in your possession, custody or control and, if required, confirm to us that you have done so; and
  • you will not be entitled to any refund as a result of your breach or unsuitable use.

INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT

This section sets out who owns what in terms of the Digital Products. It also sets out how we will treat any content that you provide to us (the User Content) and what your obligations are in relation to that User Content.

You agree that:

  • the Digital Products and all material published on, in, or via them (including but not limited to the User Content) is owned and controlled by or licenced to us;
  • in respect of the User Content that you create, upload, send or post to us that:
  • you retain the ownership rights in the User Content;
  • you grant us a perpetual, royalty free, non-exclusive licence (including the right to grant sub-licences) to use, copy, distribute, reproduce and publish any and all User Content (including, without limitation, on our Website, on other websites, on physical products and in promotional and/or marketing material developed in each case whether developed by us or on our behalf);
  • we may disclose your identity to any third party who claims that the User Content posted or uploaded by you defames them, constitutes a breach of their intellectual property rights or breaches their right to privacy; and
  • you make your User Content available to us in the manner envisaged by these Terms without payment or other compensation to you, regardless of how we use the User Content.
  • You represent and warrant on an ongoing basis that you:
  • are the owner or authorised licencee of all User Content;
  • have all necessary rights (including, but not limited to, all intellectual property rights) and consents required to publish the User Content and to grant us the rights in the User Content as set out in these Terms;
  • will not send us or post User Content that violates applicable law, regulations, these Terms or any other relevant Kuuka policy; and
  • have all required permissions and consents from any third party whose personal information is included in any User Content.

INTERACTION AND REPORTING

  • Our Digital Products enables Users to interact directly with each other via the Website or App once the booking process has been initiated. From time to time we may additionally make available interactive services at various stages of the booking process.
  • Once a booking has been completed and a Job has been performed, our service requests you to leave a review of the User (i.e. Customers review Drivers and Drivers review Customers). If you are a Driver, you may not be able to accept or receive another booking until you leave a rating and/or review.
  • Reporting mechanism: If you see any User Content which appears on our Digital Products which you find offensive, abusive or in any way inappropriate then please notify us as soon as possible. You can report any offensive, abusive or inappropriate User Content or communication between Users to us via contact@kuuka.co.uk and request that any such User Content is removed or that the User communication is investigated. One of our team will then review your report and take any action we deem appropriate.
  • For further information on the standards which we require all Users to uphold, please refer to our Code of Conduct contact@kuuka.co.uk, which forms part of these Terms and are incorporated in them. In the case of any conflict between the Code of Conduct and these Terms, these Terms will take priority.

AVAILABILITY OF THE WEBSITE AND THE APP

The Digital Products are provided on an "as is" basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Digital Products, or that they will be secure, uninterrupted or free of defects.

  • Your access to any of the Digital Products may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. Availability of our Digital Products may also be interrupted in the case of events or occurrences beyond our reasonable control. We will not be liable to you if, for any reason, the Digital Products are unavailable at any time or for any period.

UPDATES TO THE APP

  • From time to time, updates to the App may be issued through the Third Party Platforms or directly via our Digital Products. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and, where applicable, accepted any new terms.

PAID PLANS

  • Subject to satisfaction of all On-Boarding Checks, we may make the option available for Customers to select paid-for plans to entitle them to certain benefits (the Paid Plan).
  • Where Paid Plans are available, they maybe cancelled via the setting on our Digital Products.
  • If you are a non-business Customer (i.e. signing up as an individual and not as part of a company, agency or similar) you have the statutory right cancel any Paid Plan at any time within 14 days beginning on the day we email you to confirm your User Plan (the Cooling-Off Period), but ONLY IF you have not yet received/made a booking and/or completed a transaction with us. As soon as you start to receive or make bookings for Jobs via the Digital Products and/or complete transactions, your statutory right to cancel your Paid Plan will expire.
  • If you have started to receive or make bookings and complete transactions, and you wish to cancel your Paid Plan after the Cooling-Off Period, then you will be able to do so in respect of the next payment period for which payment has not yet been made.
  • If you have not yet started to receive or make bookings via the Digital Products and complete transactions and you wish to exercise your statutory right to cancel your Paid Plan, please do so via your settings in the Digital Products or by contacting us at contact@kuuka.co.uk
  • For the avoidance of doubt, a Customer which is a company, agency or similar will have no right to a Cooling-Off Period.

The benefits of any Paid Plan will be clearly communicated through the Digital Products at the time of purchase, and these may include exclusion of Kuuka’s delivery fees for Jobs. We reserve the right to alter the benefits associated with a Paid Plan from time to time and will notify you of any such changes if applicable.

USER ACCOUNT DELETION

If you are a Customer or Driver not on a User Plan and you wish to terminate your account with us, you can do so at any time by deleting your account, although please remember that you will not be refunded for payments already made if you choose to do so. Once your account is cancelled, we will send you a notification to confirm that the cancellation has occurred successfully.

WEBSITES WE LINK TO

The Digital Products may link to other third party websites from which third party services can be obtained. Whilst we reasonably believe that these are reputable sources of such services, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies. Essentially, we will do our best to ensure they are safe but you access any third party at your own risk.

COMPUTER VIRUSES

We do everything we can to ensure that no part of the Digital Products will contain or spread any viruses or other malicious code, but this section explains how you can best protect your devices.

We recommend that you ensure that the equipment used to access the Digital Products run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Digital Products (if applicable) and regularly check for the presence of viruses and other malicious code.

To the full extent permitted by law, we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Digital Products.

LICENCE AND INSURANCE

It is each Driver’s responsibility to ensure that they are properly and appropriately licenced to drive and insured with suitable insurance for the services they provide to Customers. Drivers should ensure they are familiar with and understand any exclusions to their applicable insurance policies. In particular, Drivers should be clear on how the actions or inactions of Customers (or other people when on a Job) may impact their policy, and in which circumstances the policy will operate.

We may recommend suitable insurance policy brokers to you, and may (in conjunction with any such broker) make a fixed package insurance policy available to you which may be purchased via links on our Digital Products. However, we will under no circumstances be a party to any insurance policy or contract you put in place with an insurance underwriter, and any claims made under such a policy or contract must be made directly with your underwriter.

NO RELIANCE ON INFORMATION

All information published on or via the Digital Products is provided in good faith and for general information purpose only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.

IF THERE IS A PROBLEM WITH THE WEBSITE AND/OR APP

If you have any questions or complaints about the Digital Products or User Content, please contact us. You can contact us at contact@kuuka.co.uk

We are under a legal duty to provide a Digital Products that is in conformity with these Terms and have set out a summary of your key legal rights in relation to the Digital Products. Nothing in these Terms will affect your legal rights.

Summary of key legal rights:

  • the Digital Products must be as described, fit for purpose and of a satisfactory quality;
  • if the Digital Products are faulty, you're entitled to a repair or replacement;
  • if the fault cannot be fixed, or if it hasn't been fixed within a reasonable time (e.g. one month) and without significant inconvenience, you can get some or all of your money back for the relevant time period; and
  • if you can show the fault has damaged your device, and we haven't used reasonable care and skill, you may be entitled to a repair or compensation (as set out in the section below).

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation. For clarity, Drivers are not our employees, agents or sub-contractors.

We provide the Digital Products for the purposes outlined in these Terms. You agree not to use any of them for any purpose not expressed or implied by these Terms, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or any indirect or consequential loss arising out of or in connection with these Terms.

We are not responsible for the acts of or omissions by any Third Party Platforms.

  • Except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Digital Products may have on you, and you agree that you access the Digital Products at your own risk.

COMMUNICATIONS BETWEEN US

If you wish to contact us for any reason, you can do so via contact@kuuka.co.uk.

Other than to provide the services provided within our Digital Products, we will only contact you if we make any relevant updates or changes to our services, or where you have signed up for marketing communications. You may opt out of marketing communications at any time by using the "unsubscribe" link provided or via your settings within the Digital Products.

The Digital Products may use pop-up notifications, unless you disable them. Please note though that it is not possible to disable service information or error alerts.

OTHER IMPORTANT TERMS

This section provides all of the extra terms that we have to tell you about.

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may not assign or transfer any rights you may have under these Terms without our prior written approval, given at our absolute discretion.

None of the rights or obligations under these Terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Terms.

Under these Terms, you are granted a licence only in respect of our Digital Products. Any payments made are in consideration for a licence to access our Digital Products. We retain ownership in the Digital Products at all times.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms between Kuuka and the User.

Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect. Subject to any applicable law and consumer rights, these Terms are the full agreement between us and our Users.

These Terms are governed by the English law and the courts of England and Wales have exclusive jurisdiction.

Part 2 – Pick Up and Delivery Rules

What is the process for placing a Job request and pick-up by a Driver?

To commence a Job, a Customer must enter details about the goods to be picked up and delivered (the “Package”), and upload a picture of the Package. The Customer will then be quoted a price for delivery and we will commence a search for an available Driver. If a Driver is available and willing to accept the Job, the Driver will be assigned to the Job and the pick-up process will commence.

Once a Driver arrives at the designated pick-up location, the Customer will be notified (by at least one of the App, and/or a private call or message from the Driver). Upon arrival, the Driver agrees to inspect the Package, take a photo of it and deposit it in a tamper-proof bag, and then confirm that the Package has been accepted within the App.

The Customer will then be prompted to confirm that the Package has been picked-up by the Driver, and both the Customer and the Driver agree that the Driver cannot leave until the Customer has provided such confirmation. Once the confirmation has been registered, the Customer will be notified via the App of an estimated delivery time, although this may be subject to external factors beyond the Driver’s control.

We provide no guarantee that a suitable Driver will be available for any given request for a Job, although we will aim for as many requests to be satisfied as we can. If a Driver has initially accepted a Job and cancels it in accordance with these Terms (including where a Package inspection fails), then the Customer will be notified via the App and the Customer understands that no liability arises to him/her in such circumstance.

How do Drivers interact with recipients of Packages (“Recipients”)?

A Recipient must download the App in order to receive notifications from us.

Where the Recipient has the App, they will receive a notification when a Driver is close to the delivery location, and/or once the Driver has arrived. At this point the Driver will follow the POD Procedure as outlined below.

At such time that the Job is complete, all parties will be notified.

Where a Driver cannot reach the Recipient, then the Driver should contact the relevant Customer for further information on the whereabouts of the Recipient. If the Driver is unable to contact the Recipient within a reasonable period from arrival, then the Driver may either (i) return the Package to the Customer, and the Customer will still be charged for the Job, (ii) deliver the Package to a designated Kuuka location (where we consent to this), or (iii) where explicitly agreed to by the Customer, leave the Package in an agreed drop-off location (e.g. on the porch or with a neighbour).

Where a Recipient accepts a Package but has a complaint (e.g. for damaged goods), the Customer should initiate the complaint through the App, providing reasons and photographic evidence.

Where a Package is lost, the Customer should follow our complaints procedure in accordance with these Terms.

How do we verify that the delivery has been made?

Whilst we are not a party to the contract between each Customer and Driver, in respect of each Job they agree using the App, we make efforts to verify that each applicable delivery has been successfully completed.

Each Driver agrees to follow our proof of delivery procedure (“POD Procedure”) at the drop-off location as follows:

  • Submit a photo of the Package through the App with the door number or name visible where possible and the door slightly open to demonstrate that the Customer has answered the door. Alternatively, where the Customer has identified different drop-off instructions (“Instructions”), then you should take a photo aligning with those Instructions.
  • After the photo has been submitted, if a signature is required, sign with a “Y” indicating that the Package delivery has been successfully completed. Please note, Customer signatures are not currently required to minimise contact at drop-offs.
  • Drivers must refer to any Customer Instructions when completing the delivery.

The POD Procedure must be followed in order to mark a package as delivered. This will be used as POD to confirm delivery to the correct address, or alternatively to show that there is no POD and that the package has not been delivered or cannot be located.

Failure by a Driver to follow the POD procedure can result in that Driver’s account being flagged for violation of our quality standards and if applicable, for putting the Driver and Customer in potential danger. Drivers understand this may impact their in-App ratings, profile prioritisation and featuring, and may lead to temporary or permanent suspension from Kuuka.

How do drivers accept a parcel?

Once an order has been allocated (or ‘pinned’) to a Driver, the Driver must decide whether to accept it.

Once accepted, the Driver has committed to providing their services for the particular delivery. Once accepted, he or she is expected to wait for the Package to be ready from the Customer at the agreed pick-up location and at the agreed time. Once arrived at the pick-up location and the Driver has made themselves known to the Customer, the Driver is entitled to cancel the pick-up autonomously after 5 minutes of waiting for the Package to be ready for pick-up. Drivers are entitled to contact Kuuka support for further information when required.

What if a Driver accepts a delivery and can no longer fulfil it?

Where a Driver is unable to fulfil an agreed Job after accepting it, Drivers will be able to self-cancel in the following situations:

  • Within 7 minutes from when the Driver accepted the Job;
  • At the pick-up location, after 5 minutes of waiting for the Customer to respond (e.g. not answering door or picking up the phone). Outside these time frames, self-cancellation requests by Drivers will be rejected within the App;
  • The weight of the Package exceeds the limit for your vehicle type – please refer to [insert hyperlink to the relevant page] to see our recommended limits;
  • The distance required to travel to the pick-up or drop-off destination is above recommended limits for your vehicle type;
  • The Package is too large to fit your vehicle type and to be delivered safely;
  • The Driver has had an accident and has reported it through the App;
  • The Driver’s vehicle has broken down and the Driver is unable to complete the Job successfully.

When this happens, the Driver must:

  • Contact support;
  • Explain the reason for the self-cancellation request; and
  • Send photographic proof of the issue.

A self-cancellation will not result in a cancellation fee being charged to the Driver or the Customer. A Driver will not be paid for cancelled Jobs. If there is another reason for why a Driver cannot complete the delivery, the Driver must contact support in the App. Our support team will assess the issue, and this may result in a cancellation fee being levied to the Driver’s account.

Where we believe, in our reasonable discretion, that the reason for Driver self-cancellation is invalid, we reserve the right to take such action as we deem appropriate, including without limitation to levy a cancellation charge or to impose suspensions (temporary or permanent).

Package acceptable process

All Customers agree that in accordance with these legally binding terms, they are only entitled to request pick-up and/or delivery of packages within what is legally permitted under applicable law and these Terms. As such, at least the following must never be sent through our services:

  • Drugs and illegal drug paraphernalia, such as inhalers, injectors, powders, smokers, etc.
  • Weapons: any sort of guns, cold weapons lasers, knives, etc.
  • Explosives or devices associated with explosives
  • Acids: flammable acids and industrial alcohol
  • Petrol and diesel
  • Illegal gasses and capsules
  • Smokables: cigarettes, cannabis, etc.
  • Alcohol (except where being delivered from a licenced retailer).

Customer Cancellations

Cancellations by Customers within 2 minutes of a Job request:

Customers can cancel any request of a Job within 2 minutes of an order request being placed, or within 2 minutes from the moment we have commenced our search for a Driver. There will be no charges or penalties levied for such cancellations.

Cancellations by Customers after 2 minutes of a Job request:

Any cancellation by a Customer after 2 minutes from placing a Job request through the App may, at our discretion, result in a penalty fee being charged to the Customer’s account, if a Driver has been assigned to the Job (“Cancellation Fee”).

The value of such Cancellation Fee will be the minimum delivery charge for the specific vehicle type requested. The Driver will be notified and paid their portion of the Cancellation Fee.

Where a Customer feels they have been unfairly charged a Cancellation Fee, they may contact us on contact@kuuka.co.uk, citing the Job reference number, the reason they feel they have been unfairly charged the Cancellation Fee, along with any supporting evidence to support their claim. We will then investigate and provide a response within a reasonable time. Customers agree that our adjudication on any such Cancellation Fees will be final, subject to thier rights under applicable law.

What happens if a Driver cannot complete a Job they have been assigned to?

Once assigned, if a Driver is unable to complete a Job for a Customer, the Job is automatically re-launched and we will attempt to locate a replacement Driver. It is possible (subject to circumstances) that the Driver who was originally unable to complete the Job to be re-assigned to it.

Where a Customer’s Package(s) do not fit safely within a Driver’s vehicle, then the Customer must place a second request for a second Driver to be appointed to take the excess (at the Customer’s discretion). It is the Customer’s responsibility to ensure that the vehicle-type requested is suitable for the delivery they wish to make.

What happens if a parcel is damaged?

If the contents of the Customer’s Package is damaged when they receive it, they are requested to send us a message specifying their Kuuka ID and describing the problem thoroughly so we can do our best to support.

All Drivers are required to have their own insurance to cover any such claims made in respect of lost or damaged goods, that are the subject of a Job. Drivers understand that Kuuka will not be legally or directly financially responsible for reimbursing Customers for their lost or damaged items.

Kuuka does not seek to limit its liability for anything which would be unlawful to do so, such as death or personal injury caused by its negligence, or fraud. Equally, we understand that we may be liable for breach of our duty to operate our App with reasonable care. However, Customers understand that there is an inherent risk of damage to good in transit, and agree that Kuuka’s direct liability shall be capped at £100 per Job. As such Customers agree that they are responsible for adequately and appropriately packaging any goods (such as using layering of bubble wrap for fragile items), and neither Kuuka nor Drivers will be liable or responsible where items are damaged by reason of having been in transit. Equally, Drivers agree to take care when packing goods into and out of their vehicle, and to ensure that once packed, they are appropriately secured.

A Package is deemed picked up and under the stewardship of the Driver once they have taken it from the Customer. A Package is deemed delivered once it has been handed to the Customer or placed in their nominated delivery location.

All Drivers and Customers agree to follow and be legally bound by all provisions of these Terms when using our Digital Products and services.